A Study Of Shareholder’s Right To Information

The purpose of this study is to make up for the shareholder’s right to information and try to build a relatively complete system of shareholder’s right to information.This paper discusses and proposes the essence of right and shareholder’s right to information; secondly, through the comparative analysis method respectively to explore the two main legal systems’ and Chinese shareholder’s right to information obtain, shareholder’s right to inspection, shareholder’s right to inquiry, shareholder’s right to appoint outside inspectors and the protection of shareholder’s right to information from substantive law and procedural law, and on the basis of the comparative analysis, puts forward suggestions on improving hierarchical structure of the Chinese shareholder’s right to information.Through the research, the author puts forward the point about the essence of right and the essence of the shareholder’s right to information. The essence of right is the Interest body of shell type, which is composed of core interest and shell interest. Core interest refers to individual’s or group’s need(s), desire or expectation(s) to(or for) one or several aspect(s) of property, personality and family; shell interest refers to individual’s,(group’s or society’s) need, desire or expectation to(for) a kind of protection being given to core interest by state power. the shareholder’s right to information is also the one of a large number of interest body of shell type, is composed of core interest andshell interest; the core interest actually refers to needs, requirements or expectations of the individual(or group) shareholder(s) to(for) knowing the company’s operation and management information; It is the shell interest that individual shareholder( shareholder group or society) demand(s), desire(s) or expect(s) a protection to being given to the core interest by national power; Secondly, the author constructs a complete system of shareholder’s right to information from the perspective of the essence of rights, i.e. the interest body being constituted by the core interest being hierarchical progressive structure which is composed of shareholder’s right to information obtain, shareholder’s right to inspection, shareholder’s right to inquiry, shareholder’s right to appoint outside inspectors and the shell interest which is composed of the protection of shareholder’s right to information from substantive law and procedural law.This paper puts forward the essence of shareholder’s right to information on the basis of exploring the essence of right,and establishes the complete institutional system of shareholder’s right to information from the perspective of the essence of shareholder’s right to information, lays a theoretical foundation for the further study of the shareholder’s right to information and the further perfection of system of the shareholder’s right to information. Improvement of system of the shareholder’s right to information not only can better protect the minority shareholders’ right to information can also make the company of the modern enterprise system have been further developed in China, and thus makes a contribution to the prosperity of China’s capital market and the market economy.